Md. Ekram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40617 of 2019 Arising Out of Case No.-1513 Year-2018 COMPLAINT CASE District- Araria ====================================================== MD. EKRAM S/o Md Rustam Mian R/o Village- Bochabhag, P.O.- Amhara, P.S.- Forbeshganj, District- Araria.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shahnaz Khatoon D/o Md. Faruk R/o Village- Bhorhar, P.S.- Fulkaha, District- Araria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint case No. 1513C/ 2018 for the offences allegedly committed by the petitioner under Section 498A of the IPC and u/s 4 of Dowry Prohibition Act.

The learned counsel for the petitioner submits that petitioner never demanded any dowry nor tortured his wife and on some petty family dispute his wife lodged the complaint case. The petitioner is ready to keep his wife with all honour and dignity.

Taking into consideration the facts aforesaid and the undertaking given by the petitioner that he is ready to keep his

Patna High Court CR. MISC. No.40617 of 2019(2) dt.02-07-2019 2/2 wife with all proper care, the petitioner, above named, is directed to surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order and on such the learned court below shall enlarge the petitioner on provisional anticipatory bail for four months on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Complaint case No. 1513C/ 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The learned court below shall make all efforts for resolving the dispute between the husband and wife and if the petitioner is ready to keep his wife properly the provisional bail granted to the petitioner shall be confirmed. If the petitioner for no fault on the part of his wife fails to keep his wife properly, the learned court below shall pass order on the provisional bail of the petitioner, in accordance with law, immediately after lapse of four months.

(Prabhat Kumar Jha, J) BKS/- U T